Inheritance by disabled dependents of the testator

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The order and order of inheritance is determined by law. Family members are the first to receive the property of the deceased person. Along with them, dependents also have inheritance rights. If the applicants of the 1st stage are absent or have refused the inheritance, then the property goes to the relatives of the next stage. You can change the established order using an order. However, when drafting it, the rights of mandatory applicants must be taken into account. This includes disabled dependents of the testator.

Who are disabled dependents?

The Civil Code does not contain a precise definition of this term. It only describes the procedure for entering into inheritance by the specified category of citizens. Therefore, it is appropriate to turn to other legal acts.

Disabled dependents of the testator are children under the age of 18, students of higher educational institutions (full-time education) no older than 23 years, disabled people and citizens of retirement age living on the support of the deceased owner.

Dependents are considered to be persons who are fully supported by another entity. The key condition is the inability to support yourself. Temporarily unemployed able-bodied persons do not fall under the definition of “dependent”.

When registering an inheritance, the presence/absence of a family relationship between the dependent and the testator plays an important role. Relatives of the deceased subject do not have to live with the testator. In this case, non-relatives are required to live together with the deceased owner for at least 1 year.

Important! If a dependent is at the same time an heir under a will or a relative of the line called for inheritance, then he loses the right to an obligatory share.

Peculiarities of inheritance by this category of persons

It is worth noting that the order is provided specifically for the step-by-step order of inheritance, starting from the heirs of the first and to the last line: as you move along the order, the prerogative to receive the property of the testator by his heirs decreases. This norm does not apply to disabled heirs, since they are out of turn (children or other relatives).

The extraordinary inheritance right of dependents is implemented in parallel to the currently considered legal and testamentary heirs. Since the children and other dependents of the testator were fully supported by him and lost their main source of income, they need to allocate a portion of the property to use it at their own discretion. The situation is ambiguous if they have other sources of income.

Can a disabled person inherit an inheritance?

Incapacitated citizens and minor children can be heirs both by law and by will (1116 Civil Code of the Russian Federation). If one of the applicants turns out to be incapacitated at the time of opening the inheritance, then his interests are represented by authorized persons. Their powers must be confirmed by relevant papers.

A person who is not fully empowered to exercise civil rights and obligations is considered incompetent. These include:

• minor citizens (aged 0 to 14 years);
• adult citizens (recognized as legally incompetent by court decision).

The exercise of civil rights and obligations on behalf of an incapacitated citizen is entrusted to the representative. This could be a parent or guardian.

Documents confirming the authority of a representative of an incapacitated citizen

Representatives of the so-called eighth stage

The order of succession is revealed in Articles 1142-1145 and 1148 of the Civil Code of the Russian Federation, by which the legislator divides dependents into 7 queues. The main importance of priority is necessary when distributing the hereditary mass precisely according to the law (in the absence of a notarized expression of will). A will implies the right of the testator to allocate property to any physical or legal heir of his choice.

If the applicants of the first line called up by law (child/children, husband/wife after the death of a spouse and retired parents) are the closest persons and relatives of the deceased, then the seventh line includes stepsons and stepdaughters, stepfather and stepmother. Citizens who are not included in the queue, but are secretly included in the eighth queue for receiving an inheritance, are disabled dependents.

Inheritance rights of disabled dependents

To determine the scope of rights and obligations of applicants, it is necessary to consider different methods of inheritance - law/will.

If there is an order, mandatory applicants are entitled to ½ of the recipient’s share by law (Article 1149 of the Civil Code of the Russian Federation). To determine the specific size of the share, you need to take into account the number of applicants and the composition of the inheritance.

The rights of the recipients are satisfied at the expense of property not specified in the order. If there is no other property, then the allocation of a part occurs from the common property. The shares of the heirs are subject to reduction by order.

Example. Several years before his death, the testator made a will. He gave his apartment to his daughter and son from his first marriage. The second property was registered directly in the name of my sister. The man had no other property. After his death, the heirs declared their rights. The testator's sister also contacted the notary. The basis for receiving a mandatory share is loss of ability to work. The woman received disability due to an injury at work a year before her brother’s death. As a dependent of the testator, she was entitled to 1/6 of the property. The calculation of the share is made based on the number of applicants - there are only three heirs (two children + sister).

Of course, the children of the testator can file a claim for refusal to award the obligatory share of the inheritance. As a basis, it can be proven that the heirs used the apartment during the life of the owner, or the presence of separate housing for the dependent.

If there is no will, then the procedure for dividing the inheritance is somewhat different. Property is distributed among recipients in equal shares.

Dependents of a deceased citizen are also entitled to a share of the property. Moreover, they can enter into property rights with applicants of the line that is called for inheritance.

Example. Citizen K died of a heart attack. He left behind a house in the village and a deposit. The man was divorced. The house was his personal property. The recipients are two sons. The applicants lived separately from their father. The testator did not draw up a will. The heirs declared their rights. During the paperwork process, another contender appeared - the testator's disabled nephew. His parents died in a car accident. After which the testator took the 7-year-old child to live with him. The nephew was fully supported by his uncle. At the time of the citizen’s death, the child was 10 years old. He could not contact a notary on his own. Parental or guardian consent was required. The paternal grandmother was considered the child's guardian. She submitted an application to the notary on behalf of the minor. The testator's dependent was entitled to 1/3 of the inheritance. The notary divided the inheritance among three people.

Do the obligations of the testator pass to the beneficiaries? Acceptance of property implies the automatic transfer of the obligations of the deceased citizen to the heirs.

The exception is personal obligations - alimony, payment of fines for violating traffic rules. Moreover, if alimony arrears arose during the life of the testator, then it is repaid at the expense of the inheritance (Article 1175 of the Civil Code of the Russian Federation).

If there are several applicants, then debt obligations are distributed among them in proportion to the accepted share of the inheritance.

Commentary to Art. 1148 Civil Code of the Russian Federation

1. The specificity of the legal status of disabled dependents is that they can be called upon to inherit as part of a separate eighth queue (clause 3 of the commentary article) or the so-called sliding (floating) queue (clauses 1, 2 of the commentary article .). Therefore, the legislator divided these persons into two groups with the definition of special conditions for inheritance by law.

2. According to paragraph 1 of Art. 1148, the first group of disabled dependents includes citizens who are formally among the heirs by law of any of the previous lines (from the second to the seventh), but were not included in the circle of heirs of the line that was called to inherit. The first priority is not taken into account. This is logical, since if the heir is included in this particular line, there are no legal grounds for exclusion from inheritance based on the principle of priority, since the first line is called to inherit before all others.

Such persons always inherit as heirs of a rolling queue (i.e., on an equal basis and along with the heirs of the queue called to inherit), but only in the case when they were: a) disabled by the day the inheritance was opened and at the same time; b) at least one year before the death of the testator were his dependents, regardless of whether they lived together with the testator or not. The impossibility of calling this group to inherit within an independent queue is objective, since if these dependents are one way or another among the heirs of previous queues, situations where there are no heirs of previous queues (a condition for calling to inherit an independent eighth queue) cannot arise in principle.

3. In accordance with paragraph 2 of Art. 1148 the number of disabled dependents of the second group includes citizens who are not at all included in the circle of heirs of any of the seven lines listed above. They can inherit both within the framework of a sliding queue (if the heirs of any previous queue are called to inherit by law), and independently as heirs of the eighth queue, when there are no previous queues. However, in any case, a call to inheritance is possible only when, by the day the inheritance was opened, the indicated persons were: a) disabled and at the same time; b) were dependent on him for at least a year before the death of the testator; c) lived together with him.

4. Regulation of the legal status of dependents is quite meager, which creates a number of problems in law enforcement practice that do not have a clear solution in the implementation of the corresponding inheritance rights.

Thus, inheritance legislation does not directly define what is meant by the above conditions for calling on inheritance (the criteria of disability and dependency are common, and for dependents of the second group, cohabitation is additionally required). Therefore, the content of each requirement is revealed on the basis of a logical and systematic interpretation and approaches developed by the courts.

The concept of “disability” is usually defined based on the provisions of civil and pension legislation, through formal criteria of age and health. In particular, the following are considered disabled: a) children under the age of majority; b) persons who have reached retirement age (women - 55 years old, men - 60 years old); c) disabled people (from childhood, groups I, II, III) who have limited ability to work (see, for example, paragraph 2 of Article 9 of the Law on Labor Pensions).

Judicial practice does not recognize as disabled those persons whose pension is assigned on preferential terms, i.e. before reaching general retirement age (for example, military personnel, people living in the Far North, employed in hazardous industries, etc.). It is unlikely that such a practice is flawless and consistent. If we take into account that the age criterion is formal, due to which, in particular, for the recognition of minors or persons who have reached the general retirement age as incapacitated, it does not matter whether they carry out labor activities, then it is not clear why, in the event of a reduction in the retirement age, the corresponding citizens do not may be declared incapacitated for purposes of inheritance law.

The Civil Code does not establish any additional requirements for the presence of disability (in terms of its duration, receipt of a pension due to disability, etc.). Therefore, it is necessary and sufficient to establish the very fact of incapacity for work on the date of opening of the inheritance, which arises either due to the achievement of a certain age, or on the basis of recognition by the state medical and social examination bodies of disability with restrictions on the implementation of labor activities.

5. Being dependent usually means the provision by the testator of full maintenance or such assistance that was a permanent and main source of livelihood (see, for example, paragraph 3 of Article 9 of the Law on Labor Pensions). Moreover, being a dependent acquires legal significance for the purposes of inheritance, if only it lasted at least one year before the date of opening of the inheritance.

Despite its apparent simplicity, establishing the fact of being a dependent is associated with many controversial issues. Thus, the concepts of “full maintenance”, “basic and permanent assistance” are not defined in the legislation and are evaluative. There are no uniform criteria for determining when a particular break in the provision of maintenance cancels the fact of being a dependent for a year due to lack of permanence, etc. It seems that certification of dependent status should be carried out on a case-by-case basis, taking into account all relevant circumstances. At the same time, as rightly noted in the literature and supported by judicial practice, a person’s receipt of income from other sources (pensions, salaries, etc.) in itself does not cancel the fact of dependency if such income is insignificant in size compared to the help from the testator and (or) are not regular (see also: Commentary on the Civil Code of the Russian Federation, part three (article-by-article) / Edited by A.L. Makovsky, E.A. Sukhanov. M., 2002. P. 182 (author of the commentary - A.L. Makovsky); Commentary on the Civil Code of the Russian Federation, part three (item by article) / Edited by N.I. Marysheva, K.B. Yaroshenko. P. 126 (commentary author - M.L. Shelyutto )). In addition, no legal significance should be given to those sources of income that appeared to the dependent after the opening of the inheritance.

The question of whether the provision of assistance by virtue of assumed responsibilities gives rise to a dependency relationship deserves special attention. One can agree with the opinion that if such an obligation is accepted under a contract (for example, a marriage contract, an annuity contract, etc.), dependency relations do not arise for the purposes of inheritance law (Commentary to the Civil Code of the Russian Federation, part three (article-by-article) / Edited by A.L. Makovsky, E.A. Sukhanov. M., 2002. P. 182 (author of the commentary - A.L. Makovsky); Commentary on the Civil Code of the Russian Federation, part three (article-by-article) / Ed. N.I. Marysheva, K.B. Yaroshenko, p. 127 (commentary author: M.L. Shelyutto)). This position is quite logical, since a contract is a separate legal fact that embodies the will of the parties and gives rise to independent legal consequences. Accordingly, raising the issue of being a dependent is justified if the obligation to maintain was due to the requirements of the law (for example, payment of alimony) or any moral considerations (i.e., circumstances that are not given legal significance).

6. If dependents of the second group are called to inherit, an additional condition—cohabitation with the testator—acquires legal significance. The wording of paragraph 2 comments. Art. not entirely successful, since it allows for double interpretation. Based on grammatical analysis (the connecting conjunction “and”), it can be argued that cohabitation must also last at least one year before the date of opening of the inheritance. However, if we take into account that all rules on inheritance by law must be interpreted literally (to which the Constitutional Court drew attention), we can equally conclude that in the text of paragraph 2 of Art. 1148, the reference to a period of one year is made only for being a dependent.

It seems that it is the first interpretation that corresponds to the actual meaning, since cohabitation characterizes the presence of close relationships between the testator and the dependent and, in its own way, compensates for the absence of family and consanguineous relationships in the sense given to them by family law. However, with this approach, other problems of a technical nature arise: should the cohabitation be continuous or can there be any periods of separate residence (for example, due to separate vacations), is it necessary to comply with formalities in the form of registration at the place of residence (it seems that there is no , but then the difficulties in proving the fact of cohabitation are obvious), etc.

7. Attention is also drawn to disputes about the attribution of specific individuals to one or another group of dependents (the relevance of the problem is due to the fact that in order to call dependents of the second group to inherit, it is necessary to comply with the additional condition of cohabitation).

Thus, the opinion has been expressed that heirs by right of representation, called to inherit within the framework of the corresponding first three stages only if their ancestor died before the date of opening of the inheritance or at the same time as the testator, should be classified as dependents of the first group (for more details, see: Commentary on the Civil Code of the Russian Federation, part three (item-by-item) / Edited by N.I. Marysheva, K.B. Yaroshenko, pp. 121 - 123 (commentary author - M.L. Shelyutto)). This position is based on a literal interpretation of paragraph 1 of Art. 1148, which contains a general reference to all heirs by law referred to as indicated in paragraph 1 of the comment. Art. previous queues.

According to the opposite point of view, heirs by right of representation inherit only as dependents of the second group, if they were not called by right of representation (for more details, see: Commentary on the Civil Code of the Russian Federation, part three (item by article) / Edited by A.L. Makovsky , E.A. Sukhanova. M., 2002. P. 183 (commentary author - A.L. Makovsky)). This is explained by the fact that heirs by right of representation are not direct heirs of a particular line (in the sense that calling by right of presentation requires not just the absence of heirs of previous lines, but a special circumstance - the death of an ancestor who would be the heir of one or another line) .

Taking into account the peculiarities of inheritance by right of representation (the special order of calling to inheritance is something akin to the sub-appointment of an heir), one should agree with the second opinion.

8. In the literature and in practice, the problem of possible competition of inheritance grounds is discussed if a person simultaneously formally meets the criteria of both an heir of some previous line and a disabled dependent.

Due to the principle of priority in relation to dependents of the first group, competition of grounds is excluded, since recognition for inheritance of citizens included in this category occurs only when they were not called to inherit within the framework of any previous line (with the exception of the first). In other words, if, for example, the second line of inheritance is called upon and the testator’s brother, who is part of it, is at the same time a disabled dependent, recognition of the said person’s right to two shares in the inherited property would be contrary to the law. It is also impossible to talk about the possibility of such an heir choosing the basis for calling to inheritance (as an heir of the second stage or as a disabled dependent), since inheritance within the framework of the previous stage automatically excludes the question of giving legal significance to the facts of incapacity and dependency and does not create prerequisites for the application of paragraph 1 Art. 1148.

A somewhat different position is taken by scientists who classify heirs by right of representation to the first group of dependents (it was noted above that we do not share this point of view). In particular, it is stated that although formally there is no competition (i.e. the right of inheritance by representation has priority), it is advisable to give the heir the right to choose whether to inherit by right of representation or as a disabled dependent (see: Commentary on the Civil Code of the Russian Federation) Federation, part three (article-by-article) / Edited by N.I. Marysheva, K.B. Yaroshenko, p. 123 (commentary author - M.L. Shelyutto)).

As for dependents of the second group, potential competition is seen only in relation to heirs by right of representation (if we are of the opinion that they belong specifically to the specified type of dependents). Competition with other heirs by law included in previous orders is, in principle, excluded due to the fact that the second group of dependents includes those citizens who do not belong to any category of heirs of previous orders. If, for example, we imagine a situation in which a nephew is called to inherit by right of representation and at the same time is a disabled dependent who lived with the testator, is it worth saying in this case that such a nephew cannot inherit within the framework of a rolling order, or at least , must choose one of the grounds for calling to inheritance? Taking into account the peculiarities of inheritance by right of representation, we can, in our opinion, recognize that inheritance by right of representation and calling as an immediate heir are independent, parallel existing grounds for inheritance. Therefore, in such cases, simultaneous inheritance both by right of representation and within the framework of a rolling queue is permissible.

Conditions for inheritance by disabled dependents

The law establishes a number of requirements for a person who requires the allocation of a mandatory share. The following citizens are recognized as dependents:

• blood grandparents of the owner who do not have the ability to provide independent financial support (for example, a pension is the only type of income);
• parents and adoptive parents who have reached 60-65 years of age have no income other than a pension, including disability;
• adult children, brothers, sisters, grandchildren with disabilities;
• minor children, brothers, sisters, grandchildren;
• children, brothers, sisters, grandchildren, aged 18 to 23 years, undergoing full-time education;
• foreign citizens permanently residing with the owner for at least 1 year and leading a common joint household.

To recognize a foreign citizen as a dependent, it is not enough to live together with the testator. To do this, it is additionally necessary to maintain a general household.

Example. Citizen S., 65 years old, lived in a room in a 4-room apartment under a social tenancy agreement. Other tenants lived in other rooms. He started a friendly relationship with neighbor A., ​​60 years old. Each of the pensioners lived in their own room, were registered in the same apartment, jointly purchased food, medicine and spent leisure time. In 2021, S. died. A. declared her rights as a cohabitant. The court refused to recognize A. as a dependent of S., since each of the pensioners was registered in a separate room.

How to confirm disability

For an old-age pension, proof of incapacity for work is the person reaching retirement age.
Confirmation of disability is carried out by a medical and social examination. To obtain a conclusion, a person should contact the Bureau of Medical and Social Expertise:

• at the place of residence;
• at the place of attachment to the medical institution.

If a personal appeal is not possible, an examination is carried out:

• at home;
• in a hospital at the patient’s place of stay;
• in absentia, with his consent or legal representative on the basis of the submitted documents.

Temporary disability implies the inability of a person to perform labor functions for a relatively short time. This fact is confirmed by the doctor of the medical and preventive institution by issuing a certificate of incapacity for work (sick leave). In accordance with the provisions of the Labor Code of the Russian Federation, the confirmed period of illness is subject to payment.

A legal state, such as the Russian Federation today, guarantees every disabled citizen financial support in old age, in case of disability, as well as in the event of difficult life circumstances, regardless of his social status, services to the fatherland and other factors.

If circumstances arise when a citizen loses the opportunity to work, or a child (full-time student under 23 years of age) loses loved ones who provided for him, he should immediately contact the territorial office of the Pension Fund of the Russian Federation with an application for a pension payment.

It is worth noting that payments for different categories of disabled citizens differ, and up-to-date information on the amount of payments on the day of application can be found in the branch of the Pension Fund of the region of residence.

For young citizens, the main recommendation is to find employment in organizations that pay “white” wages. Every person will one day become disabled. And the size of his pension will directly depend on contributions paid to the Pension Fund of the Russian Federation.

How to inherit property from an incompetent heir

The order of inheritance is determined by law. Acceptance of the inheritance occurs upon the application of the applicant.

Documents are submitted to the notary within 6 months (Article 1154 of the Civil Code of the Russian Federation). The starting point is the date of death of the person. However, this order may be changed.

For example, if a person was declared dead through a court. The countdown of time is carried out from the moment the procedural act comes into force.

The procedure for registering an inheritance does not depend on the legal capacity of the applicant. The application for acceptance of the inheritance is submitted by another person.

The legal representative will have to prepare the papers and pay the fee. Registration of rights occurs on the basis of a certificate.

Important! Responsibility for the safety of inherited property after its acceptance rests with the legal representative of the minor. However, a citizen does not have the right to dispose of it without the prior permission of the guardianship authority.

Assistance from a lawyer in recognizing persons as dependents

Inheritance issues are very sensitive; in addition to inheritance by dependents, there are other complex, sometimes unpleasant delays that our inheritance lawyer will help you sort out. For example, among such issues, an inheritance dispute stands out regarding the recognition of the heir as dishonest. For example, if the fact is revealed that a son killed his mother for an inheritance, he, in addition to incurring criminal liability, loses all hope of inheritance.

Or it happens that the heir did not manage to accept the inheritance within the six-month period established by law, then he will have to file a claim to restore the term of the inheritance (more details at the link).

Our lawyer on inheritance issues will help you deal with inheritance by dependents and other issues related to receiving an inheritance. Your problem can be solved - you just need to start taking action and everything will work out.

Procedure

The recipient of the property of the deceased or his representative needs to visit a notary (Article 1153 of the Civil Code of the Russian Federation). The papers are submitted at the place of registration of the deceased subject.

If it is unknown, then the link goes to the location of the real estate or the most valuable property of the testator. The package of documents depends on the type of property (house, land, car, apartment).

Statement

An inheritance case is opened at the request of the applicant. The document contains:

• name of the notary office;
• information about the beneficiary (full name, residential address);
• mention of the presence/absence of relationship with the deceased subject;
• reference to the will (if any);
• the essence of the petition (acceptance of inheritance);
• date of document preparation;
• applicant's signature.

Sample application for issuance of a certificate of inheritance rights

Documentation

When submitting an application you need to prepare:

1. Identification.
2. Death certificate.
3. The original will.
4. Evidence of relationship to the deceased subject.
5. Papers confirming the right to inheritance (pension certificate, court decision on recognition as a dependent, birth certificate).
6. Title and title documents for property.
7. Certificate of the last place of registration of the deceased citizen.
8. Report on the value of the accepted property.
9. Receipt for payment of the duty.

If the beneficiary is a young child, then an additional passport of the legal representative will be required.

Expenses

When performing notarial acts, a fee is withheld. Its size depends on the price of the property and the degree of relationship. Rates:

1. 0.3% of the value of the inheritance is paid by close relatives (spouse, children, parents, brothers, sisters). The maximum amount of the duty should not exceed 100 thousand rubles.
2. 0.6% of the value of the property received is paid by other applicants. The payment cannot exceed 1 million rubles.

Tax calculation is carried out on the basis of expert assessment. It can be ordered from any specialized organization (private or public). The price depends on the type of property, region of residence, and popularity of the appraisal company.

Applicants pay separately for notary services. They are not included in the amount of accrued state duty.

The last cost item is state registration of property rights. After which the assignee becomes the owner of the property.

If any disputes arise between the heirs, they are resolved in court. The amount of costs depends on the stated requirements.

How to prove compliance with status

It is difficult to find the meaning of the concept “disabled dependent” in the Family and Civil Codes. It relates specifically to labor legislation, which considers the procedure for assigning these statuses and provides for the provision of property and maintenance to those in need.

If children are not dependents and heirs due to the lack of established kinship, then the fact of paternity and maternity of the putative testator is revealed voluntarily or in a lawsuit using genetic testing. To pass the MSEC, a disabled heir requires a large package of personal documents, medical examinations and reports.

Sometimes establishing the fact of acceptance of an inheritance can be achieved in court. Such an application to the court is not characterized as a claim, because it does not presuppose the presence of a defendant and a debate between the parties. The basis for filing such an application by the presumptive heir is Articles 264-267 of the Code of Civil Procedure of the Russian Federation on certification of facts of legal significance for the applicant.

Possible applications for a claim for inheritance of the testator's property by disabled dependents:

• copies of the application according to the number of participants;
• payment slip for state duty;
• registration in an apartment at the caregiver’s place of residence (the caregiver should think about how to register a disabled dependent);
• certificate of accrual of pension/scholarship/social benefit;
• documents confirming the fact of being a dependent (conclusion of a medical commission and confirmation of relationship).

Such processes are initiated to establish the relationship in question after the death of the trustee-testator. To do this, the application indicates the personal information of the disabled heir, the reasons for the loss of legal capacity and evidence of this fact. The type of claim is similar to situations with forced recognition by parents of their children-heirs.

A statement of claim can be filed in the case of contractual dependent relationships (civil proceedings). This is relevant if one of the parties fails to comply with the clauses of the offset agreement. But this situation has nothing to do with the relationship and obligations of the testator to his heirs.

The main problems when registering an inheritance

Typically, applicants do not have problems when registering an inheritance. It is enough to provide evidence of the death of the citizen and papers confirming the relationship with the testator.

In the case of the testator’s dependents, everything is not so clear. Beneficiaries need to prove that they have lost their ability to work, for example due to a work injury or as a result of reaching retirement age.

Additionally, you need to confirm the fact of being supported by the testator. This takes into account the nature and amount of assistance.

The last condition is confirmation of cohabitation with the deceased citizen for a year. If the person is a relative, then proof of cohabitation can be an extract from the house register.

Important! If a person is not registered at his place of residence, then he will have to prove the legal fact in court. The absence of one of the conditions excludes the possibility of succession as a dependent.

Package of supporting documents

In order to receive an inheritance, while being a disabled citizen or a dependent, you need to collect the appropriate package of documents.

• The first document is a statement in which you state your request to give you the opportunity to become the owner of property that is inherited.
• Next, you need to provide a photocopy of your passport .
• Please also include a document that proves that you are a dependent or disabled citizen. This could be various extracts, certificates, and also, quite likely, evidence from other relatives or strangers about who you are.
• If the notary still decides that you can lay claim to the property, you will be asked to pay tax and also draw up a tax return. Offering a receipt for this is also necessary.

Refusal of a dependent's inheritance

An asset claimant may waive its rights. The procedure is carried out in two ways - without action and by submitting an application.

The reasons for refusal may not be specified. However, one of the reasons may be the existence of the right to accept an inheritance for several reasons. For example, if the testator indicated a dependent in the order.

When transferring property rights to another person, a written application is submitted. It is impossible to revoke a refusal of an inheritance after it has been notarized. Refusal to accept an inheritance by an incapacitated person is permitted only with the consent of the guardianship authority.

General provisions of inheritance by law

The Civil Code significantly expanded the circle of legal heirs, including not only relatives up to the fifth degree of kinship, but also stepsons and stepdaughters, stepfather and stepmother. In addition, the surviving spouse, adoptive and adopted parents, and disabled dependents of the testator inherit according to the law as before.

Inheritance by law is only possible:

• if the testator died without leaving a will;
• the property was bequeathed, but the will was subsequently declared invalid or was invalid (void) from the moment it was made;
• the testator canceled the previously drawn up will and did not leave a new one;
• there is no testamentary disposition of funds in the bank (provided that these funds are not specified in the will);
• in the presence of certain legal facts - relationships of marriage, kinship, adoption, dependency.

The difference between inheritance by law and inheritance by will is that the latter occurs in accordance with the non-contradictory will of the testator, expressed by him in the will, and inheritance by law is carried out in accordance with the will of the legislator expressed in the law.

All heirs are legally divided into eight lines. There are two rules for accepting inheritance by heirs by law: all heirs of the same line inherit property in equal shares; heirs of the next line are called upon to inherit only in the complete absence of heirs of the previous line or if they do not accept the inheritance (refusal of the inheritance).

The rules of priority do not apply to the inheritance of a compulsory share.

Payment and delivery of pensions

The legislation provides for the right of a pensioner to choose the organization that delivers the pension. You can receive it in 3 ways:

• At home (the organization chosen by the person brings funds to the pensioner’s place of residence);
• At the organization's cash desk;
• To a bank account.

At the request of the person, the pension can be received by the principal. If the power of attorney is issued for more than a year, then the authorized person has the right to receive payments during the entire period of its validity. At the same time, the trustee must confirm his registration at the place of receipt of the pension every year.

In practice, most often the delivery of pensions to your home is carried out by the post office at the place of registration of the person. You can also receive payment at the post office itself by applying in person. If it is impossible to apply in person, the pension can be issued by proxy.

Important! If a person is undergoing treatment in a medical institution, the power of attorney is certified by the head of the department.

The next common method of receipt is through a bank. Payment can be received at the cash desk or on a card. The pension is credited to the account on the day it is received from the branch at the place of residence of the Pension Fund of the Russian Federation. The Commercial Bank does not charge any commission for this service.

The territorial body of the Pension Fund of the Russian Federation contains information about organizations that have the right to deliver pensions to your home or issue them at the cash desk.

Criteria for determining disability

The disability criteria are established by order of the Ministry of Labor of Russia dated December 17, 2015 N 1024n

The criterion for establishing disability for a person aged 18 years or older is a health disorder with a II or more severe degree of persistent impairment of the functions of the human body (ranging from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to a limitation of 2 or 3 the degree of severity of one of the main categories of human life activity or 1st degree of severity of limitations of two or more categories of human life activity in their various combinations that determine the need for his social protection.

The criterion for establishing disability for a person under the age of 18 is a health disorder with a II or more severe degree of persistent impairment of the functions of the human body (ranging from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to limitation of any category of human life activity and any of the three degrees of severity of limitations in each of the main categories of life activity that determine the need for social protection of the child.

Criteria for establishing disability groups

The criteria for establishing disability groups are applied after a citizen has been identified as disabled.

Once disability is established, a citizen acquires the right to benefits for disabled people.

The criterion for establishing the first group of disability is a person’s health impairment with the fourth degree of severity of persistent impairment of the functions of the human body (in the range from 90 to 100 percent), caused by diseases, consequences of injuries or defects.

The criterion for establishing the second group of disability is a person’s health impairment with the third degree of severity of persistent impairment of body functions (in the range from 70 to 80 percent), caused by diseases, consequences of injuries or defects.

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The criterion for establishing the third group of disability is a person’s health impairment with the second degree of severity of persistent impairment of body functions (in the range from 40 to 60 percent), caused by diseases, consequences of injuries or defects.

The category “disabled child” is established if the child has II, III or IV degrees of persistent impairment of body functions (ranging from 40 to 100 percent) caused by diseases, consequences of injuries and defects.

If a citizen is recognized as disabled, the following causes of disability are established:

• a) general illness;
• b) work injury;
• c) occupational disease;
• d) disability since childhood;
• e) disability since childhood due to injury (concussion, mutilation) associated with combat operations during the Great Patriotic War of 1941 - 1945;
• f) war trauma;
• g) the disease was acquired during military service;
• h) a radiation-related disease was acquired while performing military service duties (official duties) in connection with the disaster at the Chernobyl nuclear power plant;
• i) the disease is associated with the disaster at the Chernobyl nuclear power plant;
• j) a disease acquired during the performance of other military service duties (official duties) is associated with the disaster at the Chernobyl nuclear power plant;
• k) the disease is associated with an accident at the Mayak production association;
• l) an illness acquired during the performance of other military service duties (official duties) is associated with an accident at the Mayak production association;
• m) the disease is associated with the consequences of radiation exposure;
• o) a radiation-related disease was acquired during the performance of military service duties (official duties) in connection with direct participation in the actions of special risk units;
• o) illness (wound, concussion, injury) received by a person serving active military units of the Armed Forces of the USSR and the Armed Forces of the Russian Federation, located on the territories of other states during the period of hostilities in these states;
• p) other reasons.